134

LAWS OF MARYLAND

[Ch. 49

if they are perishable or threaten to decline in value
speedily. Instructions are not reasonable if on demand
indemnity for expenses is not forthcoming.

(2)    When the buyer sells goods under subsection
(1), he is entitled to reimbursement from the seller or
out of the proceeds for reasonable expenses of caring for
and selling them, and if the expenses include no selling
commission then to such commission as is usual in the
trade or if there is none to a reasonable sua not
exceeding ten per cent of the gross proceeds.

(3)   In complying with this section the buyer is
held only to good faith and good faith conduct hereunder
is neither acceptance nor conversion nor the basis of an
action for damages.

2—604. Buyer's options as to salvage of rightfully
rejected goods.

Subject to the provisions of the immediately
preceding section on perishables if the seller gives no
instructions within a reasonable time after notification
of rejection the buyer may store the rejected goods for
the seller's account or reship them to him or resell them
for the seller's account with reimbursement as provided
in the preceding section. Such action is not acceptance
or conversion.

2—605. Waiver of buyer's objections by failure to
particularize.

(1)   The buyer's failure to state in connection with
rejection a particular defect which is ascertainable by
reasonable inspection precludes him from relying on the
unstated defect to justify rejection or to establish
breach

(a)    Where the seller could have cured it if
stated seasonably: or

(b)   Between merchants when the seller has
after rejection made a request in writing for a full and
final written statement of all defects on which the buyer
proposes to rely.

(2)    Payment against documents made without
reservation of rights precludes recovery of the payment
for defects apparent on the face of the documents.

2—606. What constitutes acceptance of goods.

(1) Acceptance of goods occurs when the buyer